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Everything posted by southpaw22

  1. doucar are you saying don't use this attorney at all. Or just get another attorney for her to be administrator ?
  2. Sorry for the confusion . I am one of the four people named in the will . My aunt raised me like I was her child. My cousin is also a living beneficiary. We as beneficiaries don't understand why the lawyer is saying that the unfulfilled part that the other two beneficiaries will not get is to be given to the brothers and sisters ( or the children of the deceased brothers and sister of the testator . Looks like if she wanted them in the will she would have named them to receive something . It seems that if the others are deceased then their part is considered part of the estate. Thanks for clearing up this . My cousin has stepped up to be executor .
  3. RetiredinVA : The will states that the executor may sell in the manner he see fit the properties, whether real , personal or mixed convert to cash . Also she set aside an amount of 10,000 for my daughter after she turns 21 (she is now 37) first before any thing else is distributed. That is the only other clause in will The executor was also a beneficiary and is deceased with no family members living.
  4. Executor is deceased . . Me and my cousin are beneficiaries and we took the will to a lawyer since there the others are deceased . We did not have a lawyer at the time we took the will to him . We were confused by his saying that since our parents whom are deceased would have gotten 1/4 of the unfulfilled part (there were 4 of them) of the will so now the children of our aunts brothers and sister would now divide out the 1/4 of 1/2 into how many people are still alive.
  5. That is the way I understand it . The thing is a lawyer that has been in business for quite some time now told the remaining two that it will be divided out between the deceased family heirs (intestate) . Though he might be mistaken but he went over the will fast and maybe didn't read it right . The will is from back in 1984 but it is the only will she has.
  6. The will states that "Should any one or more than one of the above devisees predecease me ,then and in that event < I do hereby will, devise,and bequeath unto the survivors and share and share alike that portion of my estate that the deceased devisee or devisees, would have taken had he, she ,or the survived me, and in fee simple forever " I did not see the word devisee any where in the will but in this section.
  7. The deceased lived in Tenn. two of the beneficiaries are nieces and a brother in law and a family friend. The two that are deceased are the friend and brother in law
  8. When there is an old will that a deceased relative has, what happens when two of the four beneficiaries are deceased? Neither of them were married or had children. The will was written in 1987 ?
  9. Sad to say our Aunt passed away tonight and we are going to let her husbands family have it all . We wanted to fight for what is hers but now she is gone we just don't want to do it. They still are insisting that we pay for his funeral out of her money and now she has to pay for her own also. Thank you for all the advise
  10. We just want to do the right thing for our aunt to make sure she has enough money to live and be taken care of for the rest of her time . I don't care what they think she should do with her money , she has contributed to the bank account (they had several different bank accounts) for 30 years and had money when they married .Her now deceased husband took money from their joint account and put it in an account for himself(she didn't know he did that for a year) . He sold some property (his ) about two years ago for $60,000 and put it in his account(we think he put in bank or safety deposit box ) so I know there is enough money to pay expenses from his own account . I didn't mean the bank president pay I meant the money from his (deceased husband ) account . Husband died April 26th 2017. I hope this clears up my post .Thank you for reply
  11. Recently found out the executor of my aunts husbands will has been into the safe deposit box at the bank where my aunt had a joint account with her husband. I asked him if he took anything out of it and he stated he did get paperwork. I called the bank and asked why they let him get into the box without someone representing my aunt and they stated he had his paperwork stating he was the executor of the owners will. He has taken things from the home that belonged to my aunts first husband and was told that they belonged to our late uncle but he has not offered to bring them back. I am planning on contacting a lawyer this week about this but wondered if there is any way of getting the items back. His executor duties were to conduct business and pay bills and execute the will as stated in the will .
  12. It is a Life Estate ..sorry I had to go back and read the will to correct my statement. Thank you for your help
  13. If they do sell the home and 72 acres if she doesn't have a lawyer to represent her she will not get anything for the 30 years she had contributed to the farm .She spend her money on the home and repairs and livestock etc. We as her agent's can file what is needed for her and also get her a lawyer. We have tried to be civil and co-operative to his family and not even bring up the point that he left her with Life Estate and nothing else . Now his family want her to pay the executor fees and lawyer fees and his funeral out of the money she has from joint accounts that are now in her name . I was told at their bank that he has an account in his name only that would be considered a large estate that they could pay all the bills for the estate out of and they need to set up an estate account for that . They have not attempted to do so yet . Thanks again and I'm sorry for the confusion .
  14. .You have confused the issue by titling your posting "Living Trust" when apparently there is no trusts I am sorry to have titled my thread wrong...I went back to read his will as stated in my first reply . It was a life estate. She had already left the home before he died . They both were in assisted living . I didn't know if the executor could sell the house if she is not in it. The lawyer over the estate told me she could rent the house out if she wished to help cover her bills. Being he said that I didn't think the house could be sold.
  15. It is not a trust , the will states I bequeathto my wife a living estate of the house and land and contents of the house .
  16. I will be contacting a lawyer first thing Monday .BTW the cost for her stay are is out of pocket 5,000 per month . Right now she is not in bad health except for the dementia , she had good days and bad days. Thank you for steering me in the right direction . I felt like I should have gotten her a lawyer but the his family act like she got all the money in the bank accounts from different banks because they were joint. She had money before they married from her first husband but he (2nd husband) wanted his name put on her accounts because he thought she would go first. The executor has taken things out of the security box at the bank that was in both their names . He said that it was just papers but hasn't given us any more information about what. We were told that the box was hers since it was a joint account but he had the key. Looks like its going to get complicated.Thank you for steering me in the right direction .
  17. Thank you for your response . In the will it states his wife my aunt will have a life estate in the house, contents and 72 acres. ( I had to go back and read it again) "The executor will have the right to sell any real or personal property and to execute deeds, bills of sale or other documents incidental thereafter and to perform any other acts which may be necessary to the administration of the will". Does his wife have the right to a percentage of his estate if it is not written in the will ? I have no knowledge of law and the lingo but understand your saying we are her "agents" of her Durable Power of Attorney . I hope this will give you a better understanding of my question ..thanks again for your feedback.
  18. My aunts husband of 30 years recently passed and left her a living trust of the house they lived in. She is in a dementia facility and me an my cousin are her POA's . Neither of them had children.. We found out that all the joint bank accounts are now hers and that is what she will have to pay her bills for her staying at the assisted living facility . I have so many questions but mainly I was wondering does he have a right to get a percentage of the estate since they were married for 30 years ? Also can the executor sell the house and acreage before she passes away since she is in this facility? Thanks in advance for you feedback
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